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1.25 


M    1 2.5 
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U    111.6 


Sciences 
Corporation 


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shall  contain  the  symbol  — ^-  (meaning  "CON- 
TINUED ").  or  the  symbol  V  (meaning  "END  "), 
whichever  applies. 


Un  des  symboles  suivants  apparattra  sur  la 
dernidre  image  de  cheque  microfiche,  seion  le 
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right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


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reproduit  en  un  seul  clichA,  il  est  film6  d  partir 
de  Tangle  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nAcessaire.  Les  diagrammes  suivants 
illustrent  la  mAthode. 


1 

1 

2 

3 

1 

2 

3 

4 

5 

6 

y        J  W  U    «  ■      M  U  0  t  ■ 


PEACE  OR  WAR  ? 


OR 


THOUGHTS 


OUR  AFFAIRS  WITH  ENGLAND. 


j?r  JJMES  CHEETHAM. 


NEW-YORK: 

PUBLISHED   BY  MATTHIAS  WARD)  BOOKSELLER; 

No.  149,  Pearl-Street 


180r. 


xl^ 


tif'f- 


%*        L  ' " 


iii  ft 


i  I 


»UI 


PEACE  on  WAR  ? 


1  HE  President's  message,  neither  warlike  lor  pa- 
cific, unavoidably  leaves  us,  as  it  found  us,  in  a  state 
of  incertitude,  as  to  our  differences  with  England. 

Nor  is  it  (for  it  could  not  be)  more  satisfactory 
with  regard  to  the  most  prominent  feature  in  the 
misunderstanding  which  now  interrupts  the  harmony 
of  the  two  nations. 

Adverting  to  the  project  of  the  commercial  treaty 
between  the  United  States  and  Great  Britain,  which 
with  sufficient  cause  the  President  peremptorily,  and 
without  referring  it  to  the  Senate,  rejected,  the  mes- 
sage says — 

*'  Some  of  the  articles  proposed  might  have  been 
"  admitted  on  a  principal  of  compromise,  but  others 
"  were  too  highly  disadvantageous  ;  and  ?io  siifficient 
"  provision  was  made  against  the  principal  source 
**  of  the  irritations  and  collisions  which  xvere  constant- 
"  ly  endangering  the  peace  of  the  two  nations. ^"^ 

I  understand  this  principal  source  of  irritations  and 
collisions  to  be  the  mustering  of  our  crews,  and  the 
impressing  of  such  of  our  seatiien  on  board  our  mer- 


i 

If 


rhnnt  s/iips^  os  the  visitinjf  potvcr  chuscs  to  (lenomimitr 
liritish ;  w  liicli  Ortat  Britain  claims  as  a  right, 
but  A  liicli  u  c  resist  as  a  wrong.  Let  us  cxanUiu:- 
tlie  elaim. 

The  nr^ctlec  of  searcliinp;  neutral  mcrchant-ships 
at  all,  has  no  foundation  in  riifht :  it  is  dictated  by 
belligerent  convenience,  and  enforced  by  power. 

All  writers  on  the  maritime  code  lay  it  down  as 
an  incontestible  principle  of  primitive  and  universal 
law,  that  the  sea  is  the  common  of  all  nations  ;  no 
one  possessing  exclusive  or  superior  jurisdiction  over 
it,  but  all  having,  whether  great  or  small,  strong  or 
weak,  an  ecpial  right  to  an  equal  participation  in  its 
advantages,  without  hindrance  from  any.  Whence, 
then,  seeing  that  if  all  nations  were  always  at  peace, 
interruptions  upon  the  ocean  could  not  of  right  hap- 
pen, do  belligerent  parties  derive  the  custom  of  stop- 
ping and  s'^arching  upon  the  high  seas  neutral  mer- 
chant ships  ?  Not,  as  is  evident,  from  the  universal 
law,  which  forbids  molestation  ;  which  in  the  nature 
of  things  is  inherent  and  unchangeable  ;  which  is  the 
same  in  China  and  in  England,  in  France  and  in  the 
United  States,  and  to  which  nations  may  at  all  times 
recur  ;  but  from  circumstances  adventitious  and  ex- 
trinsic ;  from  submission,  dictated  by  weakness  on 
the  one  side,  and  from  assumption,  prompted  by 
power  and  pillage  on  the  other.  Such  is  the  founda- 
tion of  the  conventional  law,  which  it  is  admitted 
exists,  and  by  which  belligerents  exercise  tyranny 
over  neutrals. 


But  alth()\ip;li  the  convcntioiuil  law,  imposed  upon 
the  world  for  the  advantapjc  of  warring  powers,  au- 
thorises search,  I  know  of  no  writer  on  the  hiw  of 
nations,  and  I  venture  to  sa}  that  there  is  not  one, 
who  extends  it  to  the  crrw  of  a  ucutral  mrrrhant' 
ship. 

**  A  beliip^erent  power  lias  a  riglit,  even  on  a  free 
**  sea,  to  bring  a  neutral  vessel  to,  and  insist  on  a 
"  proof  of  her  ncutralitij.''^     Martens,    p.  319. 

What  neutrality  ?  he  himself  states. 

**  A  power  at  war,"  he  observes,  **  having  a  riglu 
**  to  hinder  its  enemy  from  reinforcing  itself  by  the 
"  reception  oixvarlikc  stores^  necessity  may  authorise 
**  it  to  prevent  merchandise  of  this  kind  from  being 
*'  conveyed  to  the  enemy  by  a  neutral  power" — p. 
317. 

The  right  of  search  is  by  Martens  expressly  li- 
mited to  contrnhaml  of  war,  carried  by  a  neutral  to 
the  enemy  of  the  visiting  power. 

The  celebrated  Azuni,  who,  writing  under  tht 
patronage  of  the  emperor  Napoleon,  lias,  on  this  sub- 
ject, carried  his  ideas  farther  than  any  other  writer 
on  maritime  law,  confines  the  right  of  search  to  ene- 
mies, on  board  a  neutral  mercliant-ship,  who  arc  ac- 
tually in  the  service  of  the  enemy ;  to  enemies' goods, 
and  to  contraband  of  war. 

*'  The  conventional  law  of  Europe,  in  authorising 
''  belligerents  to  prevent  neutrals  from  carrying  goods 
**  CO.  trabandofwar  to  an  enemy,  to  capture  the  ves- 
•'  sels  of  enemies,  and  even  to  seize  those  under  a 


i 

{ 

I 

1^ 


I* 


II 


**  nciitt;il  flajr,  nnisi  aho  have  p;ivcn  the  |)nwrr  ol 
*'  usifjj;  ail  tiu'  lucatis  l)c«it  udaplcd  to  facilitate  the 
"  exercise  or  their  rights." 

*•  No  means  arc  more  eflicucious  for  this  purpose, 
*'  th:m  to  stop  and  search  vessels  on  the  hij^h  seas. 
*•  This  procddinj^  is  commenced  l)y  Jj;ivin^  a  signal 
**  to  approach  w  ith  a  spcakiiijj;  trumpet,  or  hy  firing 
**  cannon  loadc  d  w  il!»  powder  only."  •'  Neutrals,  on 
**  their  part,  ouc»!u  to  permit  this  lawful  and  custo- 
**  mary  procctdinjj^,  and  furnish  to  helligerents  all  the 
**  prr)ofs  which  tlu}  hare  a  well  founded  rij^ht  to  re- 
*'  quire  by  force."  '*  Since  it  has  jio  ot/icr  ohjrct  in 
*'  vinv  than  to  ascertain  the  neutrality  announced  by 
**  the  fla^,  and  the  innocence  of  the  carjroj  or  that  no 
**  contradntid  ^nofhy  or  {jjoods  Mnnfrinj^  to  enemies^ 
*'  are  on  board."  Johnson's  Azuni,  Vol.  II.  p.  201, 
2,  6,  7. 

But  in  exercising  this  conventional  right  of  search, 
Kngland  has,  in  relation  to  us,  and  1  believe  to  us 
only,  transcended  all  the  rules  laid  down  by  all  the 
writers  on  maritime  law.  From  searching  for  con- 
tral)and  of  war,  for  enemies,  actually  in  the  service 
of  the  enemy,  and  for  enemies'  property,  she  has  pro- 
ceeded, in  the  presence  of  their  vexed  commanders, 
to  muster  the  crews  of  our  merchant-ships,  to  sub- 
ject them  to  humiliating  examinations,  and  to  take 
of  them  by  force  those  whom  the  visiting  officer  has, 
in  the  wantonness  of  fancy,  or  assurance  of  fact,  de- 
nominated "  British  subjects."  This  is  that  "/7rm- 
cipal  source  oVirv'iiwiiow^  and  collisions"  to  which  the 
messacje  alludes ;  it  was  so  under  the  administration 


Vrl 


arch, 
to  us 
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con- 
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pro- 
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sub- 
take 
has, 
,  ck- 
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Ih  the 
ration 


of  General  Wasliinj^ton,  aiwl  it  lias  been  so  from  th»' 
bcgitituuj^  of  the  war  with  Fraiiec  in  1793  to  the  pix*. 
sent  moment.  To  this  rtap;i-ant  and  eimrmous  viola- 
lion  of  our  tliij^,  wc  iiave  hitherto  submit  led  witli  a 
patienec  of  wliich  no  e(|ual  can  be  fomid  in  tlu*  his- 
tory of  sidVerin^  nations. 

These  irritatinjij  assemblages  and  uronj^ful  im 
pressments  are  elaimed  and  exereised  by  Csreat  Hri- 
tain  on  board  our  neutral  metehant-ships,  in  viu- 
lation  of  natural  ri}«;ht  and  national  law.  J'ji|r|and 
founds  the  right,  for  so  she  terms  it,  on  the  assumed 
and  slavish  doetrine  of  indissoluble  nnd  jierpctual  al- 
legiance, as  if  expatriation,  change  (if  country,  and 
therefore  of  alUgiance,  is  not  as  ancient,  and  will  not 
be  as  immortal  as  man  and  government,  lilackslonc. 
the  oracle  of  English  law,  thus  sums  up  the  doctrine 
of  non-expatriation. 

*'  An  Englishman,  who  removes  to  France  or  to 
*'  China,  owes  tlic  same  allegiance  to  the  king  of  Kn- 
"  gland  there  as  at  home,  and  twenty  years  hence  as 
**  well  as  now\"  Tucker's  Blackstone,  Vol.  I.  part 
2,  p.  3G9. 

He  may  by  the  laws  of  England,  operating  wiUiin 
her  own  limits  and  jurisdiction,  owe  such  allegiance, 
but  when,  without  her  limits  and  jurisdiction,  those 
laws  clash  with  the  laws  of  another  state,  equally 
sovereign  and  independent,  the  misunderstanding 
which  may  from  thence  arise  between  the  two  na- 
tions, is  to  be  settled,  not  by  the  laws  of  England 
operating  coercively  on  those  of  the  United  States, 


I 


)l 


8 

nor  l)y  the  laws  of  the  Unitrd  States  opcratiiiji;  cocr- 
civcly  uii  ihusc  ui'  Kiiglaiid,  hut  by  a  third  |)owcr, 
an  impartial  and  competent  umpire — the  taw  of  na- 
t'totm. 

On  this  point,  Vattel,  who  deservedly  ranks  among 
the  first  of  tlie  elementary  writers,  is  full,  explicit, 
und  clear.    Speaking  of  a  man's  count nj^  he  says — 

**  The  term  countnj  seems  to  be  very  well  under. 
**  stood  by  every  body.  However,  as  it  is  taken  in 
**  diflerent  senses,  it  may  not  be  uiuiseful  to  give  it 
"  here  an  exact  definition.  It  connnonly  signifies  the 
**  state  of  ivh'u'/i  one  is  a  member  ;  and  in  this  sense 
**  wc  liave  used  it  in  the  preceding  paragraphs,  and 
**  it  outrht  to  be  thus  utukrstooil  in  the  law  of  na- 

**  TIONS. 

*'  hi  a  more  confined  sense,  and  more  agreeably 
**  to  its  etyn\ology,  this  term  signifies  the  state,  or 
*'  even  more  particularly,  the  town  or  place,  where 
**  our  parents  lived  at  the  moment  of  our  birth.  In 
*'  this  sense  it  is  justly  said  diat  our  country  cannot 
"  be  changed,  and  always  remains  the  same,  to  what- 
"  soever  place  we  remove  afterwards.  But,  as  se- 
*•  vera/  lawful  reasons  mat/  oblit^e  him  to  choose  ano- 
**  thcr  countnj ^  that  is,  to  become  a  member  of  ano- 
"  ther  society,  so  when  wc  speak  in  general  of  the 
''  duty  to  our  country,  we  ought  to  understand  by 
*'  this  term,  the  state  of  which  a  man  is  an  actual 
**  member^  since  it  is  that  to  which  he  owes  it  entirely, 
*'  and  in  preference  to  all  others,'^  Vattel,  New- 
York  edition,  p.  113. 


I 


r  cocr- 

|)<)WtT, 

of  na- 

xplicit, 
.ays — 
1  under- 
taken in 

JiriVC    it 

lilies  the 

lis  sense 

)hs,   and 

OJ-   NA- 


jrrecably 
state,  or 
L«,  where 
)irtli.    In 

y  cannot 
,  to  what- 
Lit,  as  se- 
loose  ano-      j 

r  of  ano- 

al  oi'  the 

rstand  by 

an  actual 

t  entirely t     ' 

cl,  New-     g 


A  British -horn  suhjcct  then  m:\y,  accordinf^  to  the 
hiw  of  nations,  if  not  to  tite  laws  oi'  Kn^land,  taW' 
ully  leave  his  country,  throw  oft'  his  natural  allc- 
gi  nice,  and  become  a  member  of  another  society  ; 
to  which,  having  so  become  a  mi  niber,  he  owes 
entire  allegiance.  It  is  upon  this  principle  of  natu- 
ral ri^ht  and  national  law,  Uiat  our  naturalization  act 
stands. 

And  Great  Britain  rccocfniscs  the  same  principle 
when  it  favours  herself,  altliou^h  she  disallows  it 
when  it  operates  against  Ik  r.  She  acknowU  dj^es  the 
rifi^lu  of  expatriation  from  other  nations  to  herself, 
but  (U  iiies  it  from  herself  to  other  nations !  Jler 
own  /(nvsy  bottomed,  in  this  rej^ard,  upon  the  hiw  of 
nations,  naturalizes  the  subjects  of  other  countrie.*;, 
anti  her  force  protects  them  when  they  arc  naturalized. 
Blackstone  says — **  Kvery  firei/rn  seaman,  who  in 
**  the  time  of  war  serves  two  years  on  board  an  iMig- 
*Mish  ship,  is //>joyr/rfo  NATURALIZED,"  "  and  all 
^^Joreign  protestants  who  shall  have  been  three  years 
**  emploNcd  in  the  whale-fishery,  shall  be  naturalized 
*'  to  all  intents  anf I  purposes  as  if  they  had  been  do  u  n 
*•  WITHIN  THIS  KiNTDoM." — Tuckcr's  Blackstouc, 
Vol.  I.  part  2,  p.  375,  6. 

Sufiicient,  perhaps,  has  been  said  to  establish  the 
fact,  which  no  man  it  seems  to  mc  can  either  mis- 
conceive or  resist,  that  by  the  laws  of  England,  as 
well  as  by  the  law  of  nations,  the  rights  of  expatria- 
tion and  adoption  are  complete.  With,  therefore,  a 
very  few  additional  sentences  in  illustration  of  the 

B 


,) 


,  i 


'I  f 


i  t  i 


I    10 

great  wronp;  committed  by  Great  Britain,  and  for 
many  years,  murnuirin^ly  indeed,  suft'ered  by  us,  I 
will  take  my  leave  of  this  branch  of  the  subject. 

If  the  naval  officers  of  Great  Britain  were  to  step 
upon  our  shore  ;  to  come,  for  example,  into  this  city, 
assemble  our  citizens,examine  who  among  them  were, 
in  the  opinion  or  according  to  the  caprice  of  the  visit- 
ing officer,  British  subjects,  and  to  take  away  by  force 
such  as  they  pronounced  to  be  so,  every  man  with  his 
eyes  open,  would  see  the  outrage,  and  instantly  and 
w'.h  effect  rc;sist  it.  In  this  assertion  I  am  not  mis- 
taken. There  could  in  such  a  case  be  no  variety  of 
opinion,  no  difference  of  feeling. 

And  why  VNOuld  this  be  an  outrage  ?  Can  any 
other  answer  be  given  than  because  it  would  be  a 
barefaced  violation  of  our  sovereignty,  which  pro* 
tects  alike,  within  its  limits,  the  alien  and  the  citi- 
zen. » 

Now  it  is  a  first  principle  in  municipal  and  national 
law,  a  principle  which  has  never  been  either  denied 
or  questioned,  even  by  Great  Britain  herself,  that  a 
merchant,  ship  is  in  law  and  fact,  and  to  all  intents 
and  purposes,  a  part  of  the  sovereignty  and  territory 
of  the  nation  to  which  she  belongs.  What  differ- 
ence then  is  tliere  in  point  of  right,  between  mus- 
tering the  crew  on  the  deck  of  a  merchant-ship  for 
inquisition  and  impressment,  and  assembling  our  ci- 
tizens on  shore  for  the  same  purposes  ?  There  is 
none.  The  conventional  right  of  search,  for  contra- 
band of  war  ;  for  enemies,  and  for  enemies'  proper- 


I 


I 


! 


■U 


} 


1 


I 


11 

ty,  to  which  it  is  limited,  does  not  inchide  the  insult 
of  miisterinj^  the  crew  of  the  neutral  merchant-ship, 
and  the  wronjjj  of  takinjr  away  her  sailors  by  force. 

But  although  the  practice  of  England,  every  day 
becoming  more  oppressive,  is  justifialjle  cause  of 
war,  yet  the  President,  administering  the  govern- 
ment as  far  as  he  consistently  can  according  to  the 
opinions  and  wishes  of  the  people,  was  willing  to 
continue  the  long  protracted  negotiation  on  the  sub- 
ject of  impressments. 

*'  Still  anxious,"  he  says,  in  his  late  message,  "  not 
"  to  close  the  door  against  friendly  adjustment,  new 
'*  modifications  were  framed,  andjiirt/ie?'  concessions 
**  authorised,  than  could  before*  have  been  supposed 
"  necessary  :  and  our  ministers  were  instructed  to 
"  resume  their  negotiations  on  these  grounds." 

On  what  points  of  differenceyj/rMdr  concessions  were 
authorised,  we  are  not  exactly  told,  although  I  think  it 
i'j  obvious  enough,  from  the  sentences  in  the  message 
immediately  preceding  the  passage  just  cited,  that 
they  have  no  reference  to  the  merely  commercial  sti- 
pulations of  the  rejected  treaty.  *'  Some  of  the  arti- 
"  cles  proposed/' the  President  observes,  "might hav^ 
*'  been  admitted  on  a  principle  of  compromise;  butoth- 
"  ers  were  too  highly  disadvantageous^  There  could 
have  been  no  need  of  concession  in  the  instance  of  the 
articles  which,  on  a  principle  of  compromise,  to  which 

*  Before  the  project  of  the  commercial  treaty  was  retur;}e,4 
to  England. 


'A 


19 

the  President  seems  to  have  been  disposed,  were  ad- 
missible ;  and  surely  concessions  were  not  authorised 
in  the  other  case  ;  that  in  which  the  stipulations  were 
**  too  highly  disadvantageous.^^  We  are  therefore 
unavoidably  led  to  the  conclusion  that  the  authorised 
concessions  relate  to  impressments  only. 

And  how  has  this  pacific  temper,  this  spirit  of 
compromise  and  concession,  so  agreeable,  it  would 
seem,  to  the  opinions  of  our  citizens,  been  met  :    I 
will  not  yet  say  by  the  government  of  England,  but 
by  the  Admiral  commanding  her  niival  forces  on  ihc 
Halifax  station  ?     I  pass  over  without  comment,  as 
having  been  somehow  settled,  but  no  one  can  tell  hoWy 
the  murder  of  Pierce,    a  citizen  of  the   United 
States,  by  captain  Whitby,  of  the  Leander,  within, 
as  testified  by  all  our  witnesses,  our  territorial  limits ; 
for  which  no  reparation  has  been  made,  no  satisfac- 
tion rendered;  not  even  that  of  knowing  the  evi- 
dence on  which  Whitby  was  honourably  acquitted  of 
^    the  foul  deed.    How,  I  repeat,  was  this  great  inclina- 
tion to  peace  on  the  part  of  the  President  met  by  Ad- 
miral Berkeley,  who  may  have  had  instructions  from 
his  government  to  proceed  as  he  did  ?     As  if  to  trj- 
how  deep  we  could  sink  in  the  abyss  of  humiliation 
and  suffering,  a  fresh  outrage  was  committed,  one 
which,  ahhough  not  differing  in  principle  from  the 
mustering  and  impressing  of  the  crews  of  our  mer- 
chant-ships, electrified  our  feelings,  brought  harmo- 
niously together  jarring  and  dissonant  parties,  and 
excited  in  all  an  ardent  desire  to  end  by  a  noble  re- 


1 


I 


k*-~ 


crc  ad- 

loribcd 
IS  were 
creibre 
loriscd 

m\t  of 

:  would 

ict  :    I 

id,  but 

on  ihc 

ent,  as 

'//  how. 

United 

within, 

limits ; 

Uisfac- 

le  evi- 

tted  of 

nclina- 

3}  Ad- 

s  from 

to  trj- 

liation 

d,  one 

)m  the 

r  nier- 

larmo- 

s,  and 

3ie  re- 


I 

1 


13 

bistance  the  regularly  ascending  and  multiplied 
wrongs  which  we  had  suffered  from  the  navy  ol  Ki»g- 
land.  The  reader  will  perceive  that  1  allude  to  the 
attack  made  on  the  Chesapeake  by  the  Leopard. 

Admiral  Berkeley's  instructions  to  Humphries, 
commander  of  the  Leopard,  a  50  gun  ship,  directed 
him  to  bring  to  out  of  the  limits  of  the  United  States, 
the  Chesapeake,  one  of  our  national  ships,  of  4'1 
guns,  commanded  by  Commodore  Barron,  and  to 
search  her  for  men  alleged  to  be  British  sailors,  and 
deserters  from  the  force  on  the  Halifax  station.  In 
case  search  was  refused,  the  instructions  directed 
the  employment  of  force.  The  Chesapeake  was  ac- 
cordingly brought  to,  and  search  demanded,  but  not 
complied  with.  Upon  the  refusal,  the  Leopard  pour^ 
cd  several  broadsides  into  the  Chesapeake  without 
meeting  with«  the  least  resistance  !  Having  with 
coolness,  but  inactively,  stood  on  the  quarter-deck 
while  the  Leopard  discharged  her  broadsides,  Com- 
modore Barron  struck  his  colours,  when  the  Leopard 
ceasing  to  fire,  boarded  the  Chesapeake  mustered 
her  crew,  and  took  from  it  four  men  alleged  by  the 
visiting  officer  to  be  British  subjects. 

This  great  outrage,  committed  upon  an  armed  ship 
of  a  nation  at  peace  with  England,  is  Uiiattended  by 
a  single  circumstance  of  palliation. 

It  is,  however,  urged  by  the  apologists  of  the  ag- 
gression in  Boston,  where,  and  where  alone,  they 
seem  to  be  numerous,  and  as  clamorous  as  they  are  nu- 
merous, and  particularly  by  the  anonymous  author  of 


w 


n 


\h 


i.   !! 


■!   t 


14 

the  pamijliktuiulcr  tlic  signature  ol'a  *'  Yankee  Far- 
mer," that  the  sailors,  not  those  who  were  actually 
taken  from  the  Chesapeake  by  force,  hut  those  \\ho 
wen.'  erroneously  supposed  to  be  on  board  when  the 
force  was  employed,  were 

1.  British  subjects. 

2.  Deserters  from  the  British  fleet  on  the  station. 

3.  That  our  f^overnmcnt  knew  that  they  were 
British  subjects  and  deserters. 

4.  That  the  British  minister  applied  to  our  gov- 
ernment  for  the  men,  who  replied  that  they  had  on  a 
former  occasion  stated  their  reasons  for  not  comply- 
ing with  the  request,  and  that  moreover,  the  men 
were  Americans.  From  these  assumptions  the 
"  Yankee  Farmer"  infers,  that  the  outrage  was  pro- 
voked by  the  improper  conduct  of  our  government. 

I  will  not  detain  the  reader  by  a  recapitulation  of 
the  conclusive  evidence  recently  published  by  our 
government,  that  the  men  forcibly  taken  from  the 
Chesapeake  were  Americans^  for  although  the  proof 
might  add  to  the  strength  of  the  case  on  our  part,  by 
aggravating  the  consummate  insolence  and  turpitude 
of  the  attack,  yet  since  the  outrage  is  precisely  the 
same  on  national  principles  and  national  law  whether 
the  men  were  British  subjects  or  American  citizens, 
deserters  or  not,  I  will  argue  the  point  on  the  posi- 
tions assumed  by  the  Boston  apologists,  that  the 
men  were  British  subjects  and  deserters. 

A  national  armed  ship  of  a  neutrpl  country  is,  by 
the  primitive  and  universal  law,  and  by  the  universal 


5 


1 
'% 


I 


1 


I 


5,  bv 


15 

usrigcs  of  nations,  exempt  IVoni  search  ;  and  the  rea- 
son is  obvious.  Slic  is  allow  cd  to  be,  IVoni  her  con- 
nexion with  jrovcrnment,  without  the  compass  ol' 
those  conventional  rules  which  authorise  the  search 
of  a  neutral  mcrc/iant-s/iif).  There  cannot  be  a  pre- 
sumption that  she  is  a  dealer  in  jnercliandisc ;  that 
she  carries  to  the  enemy  coutraband  of  war  ;  that 
she  conceals  the  enemy,  or  the  property  of  the  ene- 
my. The  honour  of  the  government  is  tacitly  pledg- 
ed, and  the  pledge  is  received  with  the  fullest  as- 
surance by  all  belligerent  nations,  that  in  a  national 
ship,  none  of  the  causes  exists  which  subject  neu- 
trals to  search.  The  person  of  a  British  subject  and 
deserter  on  board  a  national  neutral  frigate,  or  on 
board  a  neutral  n^erchant-ship,  is  inviolable,  and  no 
more  subject,  by  the  law  of  nations,  to  be  taken  away 
from  either  hyforce^  than  from  neutral  land ;  and  no 
one  pretends  that  British  officers  have  a  right  to  come 
into  our  city  and  take  hy  force  their  subjects  and  de- 
serters. The  character  of  the  outrage  committed 
on  the  Chesapeake,  is  therefore  not  varied  by  ad- 
mitting that  the  men  forcibly  taken  from  her  were 
British  subjects  and  deserters.  The  fact  that  deser- 
tion, if  not  timely  and  rigorously  checked,  may  ruin 
the  British  fleet,  is  one  for  the  consideration  of  Eng- 
land alone,  and  she  may  therefore  look  to  it ;  but  al- 
though it  be  a  self- evident  truth,  it  does  not  follow 
that  in  the  adoption  and  pursuit  of  preventive  mea- 
sures, she  may  of  right  and  with  mipunity  commit 
violence  on  the  rights  of  otlier  nations. 


w 


fft 


■'  titi 


il 


I 


f 


■'  i! 
il 

III 


16 

■  Ilaviiip;  clis'])()scil  of  so  much  of  the  arp;uTncnt  of 
riglu  as  is  dccnicd  sufficient,  \vc  will  turn  to  that  of 
expediency  ;  I  mean  the  expediency  of  surrendering 
the  men  said  to  have  been  claimed  of  our  p;overn- 
ment  by  the  British  minister,  as  British  subjects  and 
deserters  ;  premising,  however,  that  in  receiving 
them  itito  our  service,  it  was  perfectly  optional  with 
our  government  and  its  officers,  to  inquire,  or  not  to 
incpiire,  whether  they  were  under  any  obligation  to 
serve  another  power  ?  1  would  go  farther  and  say, 
that  with  entire  knowledge  that  they  were  under  such 
obligations,  our  rii(/te  to  accept  of  their  voluntary 
engagements,  was  perfect.  Courtesy  towards  a 
fr'tt'idly  nation  might  prescribe  another  course  ; 
might,  indeed,  have  induced  our  government  to 
wave  the  exercise  of  the  right,  and  reject  appli- 
cations for  employment  from  such  persons  ;  but 
courttfsy  may  be  dispensed  with.  I  beg  the  reader 
not  to  forget,  and  that  he  may  not,  I  here  repeat, 
that  in  what  I  have  said  and  may  her'^afte*'  say  on  this 
point,  I  admit,  contrary  to  the  testimony  published 
by  our  government,  and  my  own  convictions,  that 
tlie  men  said  to  have  been  claimed  by  the  British  mi- 
nister, were  British  subjects  and  deserters. 

A  question  of  expediency  is  always  a  question  of 
option.  In  requesting  the  surrender  of  the  men,  the 
British  minister  requested  ^favour.  Whether,  un- 
der the  then  existing  circun\stances  of  the  two  na- 
tions, it  was  politic  to  give  them  up,  our  govern- 
ment was  the  best  judge.     It  judged,  if  the  '*  Yan- 


1 


i 
■>■ 


17 


un. 


4 
4 


$ 


kcc  Farmer"  bt  correct  in  his  surmises,  that  it  was 
not,  and  I  ihiiik  th  it  it  iii(l;^(-'cl  \vis(  ly. 

What  was  our  coiulition?  The  treat v  of  1795, 
gciRTally  known  as  Mr.  J;'.y's  treaty,  had  cxpi* -d, 
and  vv_  were  negotiatiuj;;  for  a  new  one  upon  grounds 
mutually  benefunal  to  the  two  nations,  but,  as  it  now 
appears  from  the  President's  message,  not  witli  very 
flattering  |)rospects  of  success.  In  this  state  of  treaty- 
disconnexion,  Kngland  continued  to  heap  upon  us 
insult  upon  insult  and  wrong  upon  wrong,  without 
manifesting  a  becoming  disposition  to  do  us  justice 
in  a  single  instance.  Surely,  under  circumstances 
like  diese,  it  was  the  bu.-»iness  of  our  government  to 
do  all  that  it  could  consistently  with  its  neutral  cha- 
racter to  force  Kngland  into  such  a  commercial  trea- 
t}  as  we  had  a  right  to  expect.  And  if  to  refuse  to 
give  up  deserters  from  the  British  squadron  on  our 
coast,  was  to  distress  England,  who  will  say  that  it  was 
not  wise  in  the  President  thus  to  make  her  sensible 
how  necessary  it  was  to  come  to  reasonaiile  terms  of 
accommodation  with  us  ?  England  had  no  treaty- 
right  to  a  surrender  of  the  men,  and  she  certainly 
had  no  claim  to  favour. 

But  "  nations  feel  power  and  forget  right."  Eng- 
land, as  wc  see,  could  not  of  right  claim  the  men, 
but  she  had  force^  and  Berkeley  thought  fit  to  use  it 
in  a  way  most  insulting  and  offensive. 

The  attack  committed  on  the  Chesapeake  was  an 
unjuHt'Jiable  act  of  %mr.     If  made  by  the  direction  or 

c. 


s 


18 


It 


'I  I 


'•,' 
''!| 


!';i 


1'  \T' 


I 


with  the  coimivt'ince  of  the  jj^ovcrnnirnt  of  Kuf^land, 
then,  the  inonunt  thiit  the  fact  is  offuially  asccr- 
laiiK  (1,  negotiation  should  cease,  our  ministers  with- 
draw from  the  court  of  St.  James,  and  our  j^overn* 
hient  prepare,  actively  and  vij>;orously  prepare,  to  re- 
dress by  arms  our  own  wrongs ;  but  if  the  outrage 
was  committed  contrary  to  the  orders  and  intention 
of  the  i  itish  government,  ample  reparation  is  not 
only  due  to  us,  but,  that  the  British  government  may 
maintain  a  due  audiority  over  its  own  officers,  it 
should  be  promptly  and  chcerruUy  rendered.  Of 
what  the  reparation  should  consist,  our  government, 
to  whom  is  confided  the  great  charge  of  preserving 
the  honour  and  the  interests  of  the  nation,  can  best 
determine  ;  but  it  cannot  be  less  than  an  unequivo- 
cal disavowal  of  the  right  of  searching  our  national 
ships,  under  any  pretence  whatever ;  a  restoration 
of  the  men,  as  far  as  they  can  be  restored,  taken 
from  the  Chesapeake,  and  the  cashiering  of  Admiral 
Berkeley.  Until  this  be  done,  and  it  ought  to  be 
done  quickly,  the  other  points  of  difference  between 
the  two  nations  should  remain  unnoticed.  Fuli- 
atonemcnt  is  an  indispensable  preliminary  to  all  other 
discussions. 

On  the  supposition  that  such  atonement  will  be 
made,  Congress  will  determine  whether,  on  the 
oilier  fruitful  source  of  irritation  and  misunderstand- 
ing— the  impressing  of  the  crews  of  our  merchant- 
ships — it  be  expedient  to  involve  the  country  in  the 
enlamiiies  of  war.  I  should  (juestion  the  expediency. 


i 


!l 


19 


nj^laiid. 

4 

i 

asccT- 

rs  with- 

^ovcrn- 

i 

',  to  rc- 

oi It  rape 

fit  cut  ion 

1  is  not 

LIU  may 

'/ 

iccrs,  it 

1 

d.     Of 

1 

rnmcnt. 

^serving 

:an  best 

icquivo- 

^ 

national 

r. 

itoration 

1 

I,  taken 
Admiral 

t  to  be 
jctween 
Full 

ill  other 

^vill  be 
on  the 

erstand- 
rchant- 

y  in  the 

:diencv. 


^ 


althouj>^h  I  iiavc  no  doubt  of  the  riji;ljt.  On  a  sub- 
ject like  this,  mutual  compromises  and  concessions* 
arc  admissible.  Such  was  the  opinion  of  the  Presi- 
dent, who  l)ut  a  few  months  Ik  fore  the  afl'air  of  the 
Chesapeake,  directed,  as  he  informs  us  in  his  mes- 
saj^e,  a  continuaiu'c  of  our  negotiations.  \\  here 
the  honour  of  a  country,  the  f^reatest  treasure  in  a 
nation's  ciu^e,  is  n(it,  as  in  this  case,  directly  and 
ffreatly  involved,  nor  its  interests  materially  affected, 
it  would  be  little  less  than  madness  to  plunf':e  us  head- 
k)np;  into  war.  I  would  not,  like  the  Parisian  orator 
of  the  revolution,  destroy  the  world  to  save  a  prin- 
ciple, for  the  principle  itself  niij^ht  not  j^reatly  con- 
duce to  our  welfare  ;  but  to  preserve  our  honour, 
perpetuate  our  national  independence,  promote  our 
liajjpiness,  and  increase  our  j^lory,  he  who  woiikl 
hesitate  to  risk  his  all,  would  live  without  envy  and 
die  M'ithout  regret. 

I  would  not,  therefore,  shrink  from  war  for  the 
calamities  which  it  inflicts,  for  war  is  not  the  greatest 
evil  which  a  nation  can  suffer.  The  loss  of  freedom, 
whether  by  domestic  usuq)ation  or  foreign  dominion, 
is  infinitely  greater.  The  *' pomp  and  circumstance 
*'  of  glorious  war,"  are,  indeed,  accompanied  by  a  la- 
mentable decay  of  morals,  by  weeping  widows,  by 

*  In  reference  to  the  United  States,  concessions  are  mention- 
ed on  the  presumption  that  our  executive  has  claimed  of  the  Bri- 
tish government  an  unconditional  relinquishment  of  imfireasmenta 
from  the  crews  of  our  merchant-shifis.  Perhaps,  on  tliis  subjects 
the  two  governments  may  meet  each  other  half  way. 


ji  \  lit! 


if 


fiO 

hJplcHS  tliiltlrcii,  and  1)}  u  ik\<  r  failinp;  iiurinsc  cf 
(kl)t  and  taxes  ;  hut  wluU  rvil  is  so  j^riiit,  what  partf^ 
so  acute,  as  that  which  is  inflicted  by  perpetual 
chains  ? 

But  I  would  avf)id  war,  for  its  f^rrat  and  innume- 
rable evils,  where,  as  in  the  case  in  (piestion,  tin*  ol)- 
ject  to  be  aeconiplisiied  \)\  it  is  beyond  all  compari- 
son less  valuable,  wlu  iher  eonsidtrcd  in  its  imn\c« 
diatc  or  its  latent  effects,  than  the  preservation  of 
peace. 

We  have,  howfvcr,  from  war,  if  conp^ess,  afVer 
deliberatinjr  wisely  on  the  subject,  should  determine 
for  it,  nothinjij  extraordinary  to  fear.  Wc  are  a 
young,  vijj^orous,  populous,  active,  and  enterprising 
nation.  VV^ithin,  although  assailable  at  some  points 
on  our  extensive  coast,  we  may,  when  necessary,  bid 
defiance  to  European  power  and  prowess. 

But  peace  is,  undoubtedly,  if  peace  can  be  main- 
tained upon  terms  compatible  with  our  honour,  the 
substantial  interest  of  the  United  States. 

What  have  twenty  years  of  peace  and  government 
made  us  ? 

A  nation  powerful  in  population,  great  in  enter- 
prize,  rich  in  all  that  constitutes  national  riches ;  a 
nation  which,  protesting  against  whatever  may  wear 
the  aspect  of  flattery,  is  truly  the  admiration  if  not 
the  envy  of  the  world.  From  being  some  thirty  years 
since  the  colonies,  we  have  become,  as  if  by  enchant- 
ment, the  successful  rival  of  the  greatest  commercial 
nation  on  earth. 


( 


i 


f: 

I 

I  - 

,i 


sc 


of 


)ctuul 


ic  ob- 

npiiri- 
n  I  me- 
lon of 

t,  a  Ft  IT 
rrniinc 

arc  a 
prising 

points 
ry,  bid 

'  inain- 
ur,  the 

rnnicnt 

i  entcr- 
lu's ;  a 
ly  wear 
if  not 
ty  years 
nchant- 
merciiil 


I 


^ 


SI 

And  this  rapid  and  unexampled  pro|^rrss,  made, 
ittdccd,  in  twenty  years,  assures  us,  with  peace,  of 
that  ^^rent  point  in  national  power  and  wealth,  of  that 
distin!;uisirnig  elevation  of  the  United  Stairs, 
that  overtoppin^jj  of  all  otlu  r  natioi^,  to  which  we 
ere  destinid.  I  Living;  done  so  inneh  in  a  time  so 
short,  and  bej^jinnin^;  with  a  |)opnlation  of  not  more 
than  three  millions,  what  may  we  not  antieipate  from 
a  twenty  years  eonlinuanee  of  peaee  ? 

Our  own  internal  nuans,  and  the  relations  and  po- 
licy of  pjigland  and  France,  will  throw  into  our  hands, 
tmless  we  are  determined  to  reject,  an  almost  com- 
plete and  permanent  monopoly  of  the  eonuneree  of 
the  world. 

Peace  between  those  warring  nations  cannot  be  of 
long  continuance.  While  thrtj  are  dissipating  their 
strtngth  and  wasting  their  blood  in  mutual  struggles 
for  mutual  destruction,  we  should  play  the  part  of 
the  sagacious  and  industrious  bee ;  we  should  suck 
the  honey  from  the  lily  and  the  rose,  and  come  home 
loaded  with  the  riches. 

At  peace,  France  will  turn  lier  attention  to  the 
acfjuisition  of  "  ships,  colonies,  and  cominerce.'** 
Can  she  do  so  without  alarming  England  ?  Colonics 
and  commerce,  according  to  European  policy,  must 
be  protected  by  a  military  fleet.  The  progress  of  a 
French  militar}-  fleet  will  be  jealously  watched  by  the 
British  government ;  and  when  by  its  growth  it  shall 
have  become,  or  threatens  to  become  menacing  to 

r 

•  Is  Louhiana  to  be  one  of  the  intended  colonies  ? 


I 


I 


■ibe  iofcty  of  Knf(l;irul,  it  will  Im.*  uttackctl  niul  drum, 
iidlu-d.  'VWis  polii  \  and  war  arc  iiicvitahlc,  iinlcHrt, 
ill  tinic  of  prucc,  I  ruiicc  >viil  r(liii<|iji  Ji,  and  s\u-  uilt 
iu>t,  khi{)«»  colonirs,  and  coninicrcr.  In  all  lutnre 
wars  Intwccn  Irance  und  I'^ni^laml,  ilurhif^  t/w /{/h 
qf  JS'apiiltnn^  the  Kur()|H'an  contiiKiU,  probably  witli* 
out  exception,  will  Ik;  involved. 

Wc  must  then,  jHrliapH  sixty  of  every  one  hun- 
dred years,  if  wc  can  preserve  |K'ace  dnrinp;  the  coiv- 
flicts  of  ilu;  two  nations,  be  the  j2;reat  c:irrier  of  llir 
coninuTcc  of  the  world ;  and  our  industry  and  rc- 
.sourccH,  every  day  increasing,  will  enable  ust  to  be  wo 
to  the  Ratification  of  our  utmost  hopes. 

Look  back  to  our  bmall  Ix'^inning,  view  our  pre- 
sent situation,  and  contemplate,  by  comparison,  our 
Ailiu'e  i)rospects.  We  can  do  so  agreeably  by  tc- 
currinjj  to  the  projj;resa»  of  our  revenue,  which  has 
increased  with  the  increase  of  our  population  and  in- 
dustry, aiul  in  which  wc  sec  our  infant  state  pleasing. 
\y  and  gradually  advancing  from  creeping  to  walking, 
-and  from  walking  to  the  fullest  speed  of  manhood. 

From  the  establishment  of  the  present 
government  in  March,  1789,  to  Dec. 
31,  1791,  the  duties  on  imports  and 
tonnage   amounted    to   g4,399,0(X), 
yielding  an  annual  average  of  about  82,000,000 
.  In  1792,  the  duties  on  imports  and  ton- 
nage were  3,579,000 
In  1793,  4,344,000 
In  1794,  4,84-3,000 


1 

1 
I 


J 


i 


t 


•Q1 


III  1795, 
I 


5.)P  ,.f)C(> 


i 


u  I79d,  5,74.  .(MK) 

In  IHOI,  ulK>ut  1(),(KK)(K)0 

III  1805,  more  than  12,(KK),(K)0 

(exclusive  of  the  Mediterranean  fund.) 
And  now  the  President  tells  us  in  his 
mcssyj^e,  that  the  receipts  in  the  trea- 
sury for  the  year  I  HOC),  amount  to 
» 16,000,000,  of  whieh  it  is  probable 
that  merchandize  and  tonnage  have 
yielded  11,000 ,0n(!^ 

Some  additional  duty  and  rates  has  been  laid,  but 
nothing  north  noticing  in  viewing  the  vast  increase 
of  revenue  from  tjiose  sources. 

In  ten  years,  namely,  from  1796,  to  1806,  the  re- 
venue from  the  two  sources  has  increased,  we  may 
safely  say,  nearl}  a  hundred  percent;  and  the  in- 
crease of  [)opulalion  during  the  same  time  has  been 
fifty  per  cent. 

What  would  ten  years  more  of  tranquillity  give  us 
in  population  and  revenue  ?  What  a  bound'ess  and 
delightful  prospect  does  a  continued  peace  open  to 
our  view!  The  present  situation  of  Europe,  or  any 
other  which  may  take  place ;  an  Kuropean  peace, 
could  but  little,  if  at  all,  afi'cct  the  increase  of  our  po- 
pulation by  new  ac(juisitions  from  abroad  ;  and  it 
could  not  very  sensibly  vary  the  revenue  derived 
from  the  two  sources  mentioned. 

Turn  to  the  excellent  application  by  our  govern- 
ment, of  this  increased  revenue. 


|! 


Il: 


>  |( 


» !' 


r 


'i*' 


»i' 


rf 


<li|i 


If! 


lit 

»(   .     It 
it  •!   ; 

I  l' 


1 

24 

The  war  of  the  Rivohition  nicur- 

rcd  a  (Kl)t  [funckcl]  of  869,740,30(5  2? 

Increase  of  the  debt  from  1790  to 

1800,*  9,462,264  88 


Amount  of  the  puhllc  debt  when 

the  present  administration  -"amc 

into  power,*  79,202,631   15 

Extinj^uished  of  the  pr'mcipul  of  the 

funded  debt  by  the  present  admi- 

nistration,-;  25,500,000 

And  there  is  now  in  the  treasury 

unappropriated,!  8,500,000 

Who  then,  imlcss  to  revenge  a  f^rcat  ational  out- 
rage, Hke  that  committed  on  the  Chesapeake,  al- 
though right  as  to  impressments  is  with  us,  would 
change  our  peaceful  and  prosperous  state  for  the  de- 
moralizing and  destructive  one  of  war  ? 

But,  if  we  are  to  have  war,  let  it  be  a  vigorous,  a 
hearty,  an  eftbctual  war. 

"  In  peace,  there's  nothing  so  becomes  a  man 
"  As  modest  stiUness,  and  humility  ; 
*'  But  when  the  blast  of  war  blows  in  our  ears, 
«  Then  imitate  the  action  of  the  tyger." 

Shakspeare. 

Our  internal  resources,  untouched,  are  equal  to 
any  emergency,  and  the  credit  of  government  has  no 
limit  but  its  own  will.  We  are  a  rich  mine,  from 
which  nothing  has  been  extracted,  but  from  which  all 

*  Gallatin  on  Finance.  t  President's  Message,. 


^W 


,^G6  21 
,264  88 


,631   15 

,000 

,000 

nal  out- 

ake,  al- 

,  would 

the  de- 

)rous,  a 


?EARE. 

qiial  to 
has  no 
2,  from 
hich  all 


i 

I 


I 


25 

that  wc  want  may  he  drawn.  We  have  uo  infrrnni 
ta.rcs.  For  that  rciison  Wf  can  hctttr  bear,  and  will 
with  tlic  utmost  chcerfuhuss  pay,  whatever  tlie  exi- 
jj^encies  of  the  j^overnment  may  rccjuire.  While 
Encjiand,  while  all  iMirope,  is  fjjaspinp^  heneatii  the 
weight  of  enormous  l)urdens,  it  is  our  felicity  alone 
to  he  exempt  fro  n  direct  taxaiior.. 

I  have  elsew  here  si.id,  that  tlie  first  six  nH<ntlis  of 
the  war,  if  terrii)le  at  all,  would  be  most  terrible  to 
us.  The  policy  of  England  is  to  make  war,  and  then 
to  declare  it.  Our  merchants  would  most  sensibly 
feel  an  embargo  in  British  ports,  and  the  sensKlion 
would  momentarily  tingle  through  every  nerve  of  the 
state.  Our  commerce,  in  a  war  with  a  naval  power 
so  formiciable,  although  not  wholly  stopped,  \\ould 
be  materially  interrupted.  But,  besides  embargo- 
hig  our  ships  in  her  poVts,  and  interrupting  our  com- 
merce on  the  ocean,  could  England  essentially  af- 
fect us? 

The  ravages  of  the  rcvohitionnr}'^  war,  are  the  last 
she  will  conimit  in  the  ifit(rior  of  our  countrv.  Fiftv 
thousand  of  her  veteran  troops  landed  on  our  shores, 
would,  barring  a  precij)itate  retreat,  inmiediatel}  rest 
Jrorn  t/uir  labours.  She  has  nothing  to  hope  from 
the  intcri(,r.  She  would  not  obtrude  a  soldier  on  our 
soil,  except  in  some  secpiestered  part  of  our  shore, 
where  paucity  of  inhabitants  might  give  impunity  to 
plunder. 

But,  in  one  or  two  of  our  sea-ports,  she  might  give 
lis  some  trouble,  although  she  could  not  land. 

The  first  duty  of  a  sta*e,  to  which,  however,  Con- 

7) 


m 


36 


grcss  lias  paid  bul  little  attention,  is  to  place  itself  in 
a  slate  of  safety  ii^ainst  attacks  from  without.     I  will 
not  stoop  to  answer  the  stupid  remark,  which,  unac- 
companied by  any  ihin^  like  arp^ument,  has  been  a 
thousand  times  repeated,  that  we  cannot,  by  any  sys- 
tem of  defence,  protect  a  coast  of  two  thousand  miles 
hi  extent.     We  can,  if  Congress  will  afford  us  the 
means,  defend  New- York,  the  conumrcial  metropo- 
lis of  the  Union,  and  the  depot  of  the  great  wealth  of 
this  state,  against  all  the  efforts  of  the  British  nav)\ 
In  like  manner,  Charleston  and  Norfolk,  and  all  the 
other  ports  in  the  Union,  may  be  placed  in  such  a 
state  of  defence  as  will  enable  their  intrepid  inhabi- 
tants to  save  themselves,  and  in  saving  themselves, 
save  the  honour  of  their  country. 

Still,  neglected  as  we  have  been,  we  are  prepflred 
to  repel  aggression.  The  British  fleet  might  injure 
us,  but  it  could  gain  no  advantage. 

Such  is  the  utmost  extent  to  which  Great  Britain 
could  carry  on  a  war  against  us.  Within,  we  should 
be  tcanquil,  and  without,  although  our  commerce 
woufd  be  interrupted  on  the  ocean,  that  of  England 
would  not  be  unvexed. 

For  the  expenses  of  the  war,  we  might  partially 
compensate  ourselves  by  the  capture  of  Nova  Scotia 
aild  the  Canadas ;  and  the  conquest  would  give  us 
but  little  trouble.  Quebec,  separated  from  the  cir- 
cumjacent country,  which  we  can  easily  possess  and 
hold,  must  ultimately  fall  without  a  blow. 

Such  a  conquest  is  desirable.  It  would  be  greatly 
advantageous  to  us,  and  essentially  injure  England. 


I 


\ 


itsciriiv 

I  will 

I,  unuc- 

bccn  a 
my  sys- 
id  miles 
1  us  the 
ittropo- 
calth  of 
ih  navy, 
i  all  the 
1  such  a 

inhabi- 
iiselves, 

>rcpared 
It  injure 

Britain 
should 
nmtrcc 
mgland 

)artially 
\  Scotia 

ive  us 
the  cir- 

ess  and 

greatly 
gland  ~ 


27 

It  would  be  advantageous  to  us  in  reference  to  tin 
Indians,  who  now  excited  to  unfriendly  acts  by  the 
British  government  or  by  British  traders,  would  Ixt 
l)eaceful  neij^hbonrs  ;  j^radually  lorsake  their  sav;i|;v 
customs,  turn  their  attention  to  agriculture,  and  be- 
come civilized.  It  seems  to  be  the  policy  of  the 
trade  and  gov./nment  of  England,  to  make  the  sa- 
vages, if  j)ossible,   more  savage. 

Drivel,  from  Nova  Scotia  and  the  Canadas,  I'ng- 
Jand  ct)ukl  have  no  pretence,  during  her  wars  w  ith 
her  European  neighbours,  for  stationing  on  our 
coast  a  large  naval  force. 

The  fur  trade  of  those  places  would  be  acceptable^ 
We  are  now  under  the  necessity  of  importing  from 
England,  beaver  and  other  furs  for  our  own  con- 
sumption. 

But,  without  enumerating  the  many  benefits  we 
should  derive  from  the  capture  of  the  British  pos- 
sessions, the  loss  of  them  to  England  would  be  irre- 
parable. If  the  opinion  of  Oddy  be  correct,  it 
would  menace  the  existence  of  the  British  navy. 

From  this  celebrated  author,  who 'first  published 
his  great  commercial  work  in  London  in  1805,  dedi- 
cated  to  the  "  lords  of  the  committee  of  the  privy 
*'  council,  appointed  for  the  consideration  of  all  mat- 
"  ters  relating  to  trade  and  foreign  plantations,"  the 
succeeding  passages  are  copied  from  pages  540  and 
41.  Quarto  Ed.  Lond. 

"  The  high  prices  we  are  paying  for  timber,  in  the 
countries  around  the  Baltic,  is  not  because  they 
'  conceive  us  totally  dependent  upon  them  for  th<;; 


li 


if , 

I 


'j,* 


i 


28 

**  nrticlc,  hut  IxTnusc  their  storks  arc  so  p^rciUly  di- 
•'  miiiislu d  as  tociiiisc  a  want  ain()ii!.',st  llunisilvts, 
**  uliich  wr  lia\i-  still  In  iIk-  'jondnct  ofUussia  ;  the 
**  price  coi^iSC(|m'iUlv  is  advanced.  To  this  isto  he  ad- 
**  ded  thr  heavier  expense  in  hiinji^iiig  il  IVoni  remote 
"  quarK  rs,  distant  iVoin  inland  navigation  ;  so  that,  iF 
**  our  demand  eontinues  as  it  has  done,  Tor  a  few 
*'  years,  we  shall  scarcely  receive  any  hut  at  so  high  a 
*'  j)rice  that  we  must  of  necessity  resort  elsewhere. 
*'  It  is  a  happy  circumstance  for  this  country,  that 
*'  we  have  a  sufticicnt  supply  in  our  American  pos- 
'*  sessions,  which  thv  interest  of  individuals  will  now 
**  hring  forth  :  the  heginning  is  made,  and  the  im- 
*'  portatioj'i  from  thence  }^reatl}'  increasinj^  every 
"  year.  The  high  price  we  pay  Ibr  what  we  import 
"  from  the  Baltic,  the  carrying  it  to  our  own  ports  in 
**  their  ships,  and  the  duties  paid  here  on  foreign 
**  timber,  and  none  from  our  own  possessions,  are 
"  considerations  for  the  merchants  and  ship-owners, 
"  which  make  this  an  object  of  material  importance. 
**  This  we  shall  more  particularly  describe  under  the 
*'  head  of  shipping  ;  so  that  the  result  is,  that  we 
"  can  now  supply  ourselves  cheaper,  from  our  own 
*'  possessions  in  America,  than  we  can  from  the 
*'  Baltic. 

*'  The  British  colonics  in  North  America,  of  grcat- 
"  est  extent,  are  Upper  and  Lower  Canada,  New 
*'  Brunswick  and  Nova  Scotia,  which  are  but  thinly 
*'  inha!)ited,  particularly  New  Brunswick.  They 
*'  are  covered  with  immense  forests  of  trees,  the 


^ 


^i 


1 


29 


\tly  cli- 
silvi's, 
a  ;  the 
!)('  iul- 
rcmotc 
that,  if 
•  a  tew 
» liigh  u 
where. 
7,  that 
an  pos- 
/ill  now 
the  im- 
r  every 
import 
ports  in 
ibrei{^n 
)ns,  are 
owners, 
artancc. 
ider  the 
lat  we 
ir  own 
oin  the 

f  great- 
New 

t  thinly 
They 

:es,  the 


"  f>Tr:»tcr  part  of  wliich  arc  pine  ;    the  sort  of  wood 
'*  in  most  j^cncral  use. 

*'  I'hesc  provinces,  from  the  straits  of  ik lisle  to 
*'  the  bay,  which  separates  them  from  the  state  of 
*'  Massachusetts,  are  intersected  with  havs  and  in- 
"  lets  of  the  sea,  navifrahle  rivers  and  branches  for 
"small  craft,  and  for  rafting  a  ul  floatinj^  doun  tim- 
''  l)er.  'I'he  whole  coast,  from  Casco  bay  to  the 
*'  above-mentioned  straits,  is  hned  witli  harbours, 
'  where  vessels  of  any  size  may  load  in  safety  ; 
*'  some  of  which  arc  spacious  enough  to  contain  all 
"  the  navy  of  Great  Britain. 

*'  Among  otiier  navigable  rivers  we  may  mention 
*'  the  Si.  Lawrence,  in  Cani'da  ;  the  St.  John,  Mi- 
"  ramichi,  and  St.  Croix,  in  New  Brunswick  ;  Pic- 
*'  tou,  La  Have,  and  Annapolis,  in  Nova  Scotia  ; 
"  from  all  of  which  quantities  of  timber  have  been, 
*'  and  may  be  exported  to  Great  Britain. 

*'  In  the  state  of  Massachusetts,  particularly 
"  the  district  known  by  the  name  of  the  province 
*'  of  Main,  which  includes  the  country  from  Casco 
"  bay  to  the  British  lines  at  Passamaquoddy,  are 
**  many  large  navigable  rivers,  and  ?  great  extent 
*'  of  country  covered  with  wood.  The  ports  hi- 
*'  therto  most  frequented  in  that  district  are,  Wis- 
**  casset,  Penobscot,  Portland,  Machiers,  and 
*'  Frenchman's  bay,  but  there  are  many  more  har- 
"  hours  of  less  repute,  where  ships  of  burden  may 
"  load  in  safety, 

"  The  principal  ports  in  Nova  Scotia  for  loading 
"  tiofiber,    are,   Pictou,  Guysbourg  and  La  Have. 


ai' 


i* 


I    I 


1  ;:r 


30 

*' The  Inrincr  is  situated  wiihin  llic  (iiit  of  C'unso, 
**  bJiith  of  Piliu:c  Kdward,  rornuilv  Si.  John's  Isl- 
**  and,  and  of  course  is  sluit  alter  the  frost  sets  in, 
**  and  not  open  in  [general  belore  April  or  May, 

*'  'I'liere  lias  been  a  eoiisi(kTal)le  (juanlity  of  tiuj- 
*'  her  exported  of  late  from  this  river  ;  hut  the  size 
'*  of  the  pines  is  V(^  so  large,  nor  is  there  so  j^rcat 
*'  an  extent  of  interior  as  in  Canada  or  New  Bruns- 
"  wick. 

*'  Guysbourg  is  in  Chadebucts  hay,  without  the 
*'  Gut  of  Cunso  ;  but  beiii}^  few  settlers  in  the  neii^h- 
**  bourhood,  there  has  not  been  much  limber  ex- 
"  ported  from  it.  La  Have  is  a  few  leagues  to  the 
"  westward  of  Halifax  harbour,  and  is  accessible  at 
*'  all  seasons.  But  the  rivers  St.  John,  Miramiehi, 
*'  and  St.  Croix,  in  New  Brunswick,  are  navigable, 
*'  some  of  them  100  miles,  and  furnish  the  greatest 
**  quantities  of  pine,  and  other  timber  for  the  British 
'•  market."* 

*  OcUly  pays  to  the  United  States  many  constrained  compli- 
ments, lie  says,  pages  602  and  605  : — "  When  then  our 
"'  existence,  as  a  great  and  powerful  nation,  depends  upon 
"  our  navy,  and  when  6ui'  shipping  is  the  nursery  for  that 
^'  navy,  every  protection  and  facility  should  be  given  to  pro- 
"  mote  it  ;  every  restraint  or  burthen  to  discourage  it  should 
"  be  done  away.  It  is  a  floating,  insecure  property  of  indivi- 
"  duals,  always  precarious  and  liable  to  loss  ;  it  therefore  rc- 
"  quires  the  fostering  aid  of  government,  when  we  have  near 
*'  us,  at  home,  competitors  like  the  northern  nations  ;  and 
^'  acros  sthe  Atlantic,  the  Americans,  whose  enterprizing  spirit 
*'  and  vigilance  is  making  head  in  a  more  formidable  Tranner 
'•'  than  we  are  aware  ;  but  her  example  is  worthy  of  our  imita- 
^'  tion. 


i 


uuso, 
•s  Isl. 
:lb  in, 

if  liin- 
e  size 

)  p;rcal 
biuns- 

)Ut  the 
ncii^h- 
)cr  cx- 
i  to  the 
sible  at 
aiuichi, 
vi  gable, 
greatest 
British 


i\  compli- 
ithtn  our 
ula  upon 
for  that 
to   pro- 
lit  should 
)f  indivi- 
Lfore  rc- 
liavc  near 
Ins  ;    and 
[ng  spirit 
manner 
ir  imita- 


31 

If  it  be  true,  and  why  should  we  doubt  it  ?  that 
the  hi^h  ptiec  paid  for  timber  in  die  countries  around 
the  IJ.iliie,  is  because  their  stoc/is  arc  so  i^reutlij  di- 
minishrd  as  to  cause  a  want  aiiiouff  thctnsvlvcs^  it  is, 
indic (I,  as  Mr.  Oddy  remarks,  a  Inij^pu  circumstance 
for  En^lamU  that  she  lias  a  sujjicicjit  supphj  in  her 
Anicriran  possessions  ;  but  liow  unhappy  would  it  Ijc 
for  lier  if  her  conduct  should  co//?/;f7  the  Unit  :d  States 
to  DEi'KivE  II Eu  OF  ii!  If  KuL^luud  docs  not  al- 
ready know,  it  may  be  well  to  inform  her,  that  the 
state  of  Vermont  alone,  in  which  the  brave  Gen. 

*  "  This  country  has  more  to  fear  from  America  supplanting 
"  our  shipping,  than  to  apprehend  from  the  shippin^^  of  all  Ku- 
"  rope.  It  is  in  the  north  of  tliis  (piarter  of  the  globe  that  the 
*<  chief  materials  for  ihip-buiUlin^  are  to  he  had  reasonable,  and 
"  in  abundance. 

"  Then  look  to  Amctica,  behold  her  situation,  and  the  flat- 
"  tering  prospects  she  has  in  view  ;  prospects,  indeed,  which 
"  call  forth  all  our'  wisiloni,  energy,  and  gootl  management. 
♦'  We  should  look  at  home,  to  adopt  those  measures  which  can 
"  secure  the  extension  of  our  own  shipping.  In  no  more  than 
"  ten  years,  the  shipping  of  America  has  increased  ecpial  to 
"  the  whole  aggregate  tonnage  of  the  northern  states  of  the 
"  continent  of  Lurope. 

"  The  Americans  are  an  active,  enterprizing,  spirited,  and 
"  commercial  people  ;  the  political  situation  of  Kurope  has 
"  given  them  advantages  tliroughout  the  world,  to  enrich  them- 
"  selves,  and  to  create  a  power  that  Europe  may  soon  feel ; 
"  their  neutrality  enables  them  to  enter  into  competition  with  us 
"  in  every  market  on  the  globe,  on  their  own  account,  whilst 
"  we  are  obliged  to  employ  them  as  carriers  on  ours.  Ti)ey 
"  have  timber  very  reasonable,  and  most  other  stores,  within 
"  themselves  ;  labour  alone  is  dear,  but  that  by  no  means  coun- 
'•  terbulances  the  other  advantages  in  favour  of  America." 


f 


* 


li' 


32 

Si  ARK  yet  livis,  is  more  thati  rompctciit  to  the  cap- 
ture of  lu*r  *'  pf)ssessi()ns  in  Norlli  Arn«ri(!;;." 

]  will  coiu  IikIc  with  l)ricny  lujlii  iiij^  one  of  the 
very  many  errors  coiituiiied  in  the  panlphiet  of  the 
**  Yankee  Farmer.'* 

In  pap;es  30  and  37,  he  says — **  But  histly,  we  arc 
*' to  starve  her  West- India  eolonies.  It  is  really 
**  astonishing",  that  men  will  he  found  so  blinded  by 
*'  th(  ir  h.itred  to  Great  Hritain,  as  to  ur^e  and  apjuar 
*'  to  believe  such  absurd  notions.  /^////  did  they  not 
**  starve  duritiif  the  revolutionary  ivar?  Nova  Seotiu 
"  then  supplied  them  with  little  or  nothing  ;  she  can 
'*  supply  them  with  nearly  all  they  xvant.^^ 

And  what  follows  ?  Why,  that  if  Nova  Scotia  can 
now  supply  the  British  West- Indies  with  '*  nearly  all 
they  want,"  the  capture  of  Nova  Scotia,  in  case  we 
are  compelled  to  resort  to  arms,  is  of  much  greater 
importance  than  we  had  imagined,  and  would  really 
and  greatly  distress  the  enemy. 

Let  me  now  tell  the  "  Yankee  Farmer"  that  he 
errs  when  he  says  that  the  British  West- Indies  were 
jiot  starved  during  the  revolutionary  war. 

Lord  Temple,  in  his  speech  in  the  house  of  com- 
mons, May  22,  1806,  on  the  "  American  intercourse 
*♦  bill,"  says— 

"  Owing  to  the  interruptions  of  the  intercourse  of 
"  the  colonies  and  the  United  States  of  America, 
"  daring  the  American  war,  it  had  been  ascertained 
*'  that  about  15,000  negroes  had  died  for  want,  or 
*'  from  being  improperly  fed,  in  the  island  of  Jamaica 
"  alone^  in  the  course  of  six  years."  Cobbett's  Par- 
liamentary Debates,  Vol.  VII.  p.  338. 


1 1  m 


^ 


Vt' 


the  tap- 


i» 


V  of  the: 
t  ol"  the 

,  wv  arc 
8  really 
ikUcI  by 
I  iipjK  ar 
t/u't/  not 
A  Seotiu 
s/ie  can 

:otia  can 
early  all 
case  we 
greater 
Id  really 


i 


i 


53 

If  Iins  tlien  been  asrrrtainrf/,  tiuit  2,500  ur^rrot^^ 
ha.l  annually  perislud  for  want  in  iIk- is!;nK!  of  Ja- 
maica  alone,  tor  six  years  succes  ively. 

If  Congress,  after  deliberately  taking  all  things 
into  consideration,  should  call  forth  the  arm  of  the 
country  to  vindicate  its  rights,  the  decision  will  be 
cheerfully,  unanimously,  and  nobly  sujjportcd. 


TMlA   KNFI. 


that  he 
es  were 

of  com- 
.Tcourse 


)urse  of 
.nierica, 
?rta'med 
va?it,  or 
Jamaica 
tt's  Par- 


is 


34 


]x 


^•j 


I 


It. 


PRl'.SIDFNTS  MISSAGE. 

7'o  tfie  fienatr^  ami 

I/outr  nf  Hr/irrtirntanvct^  (ff  the  United  Stateii. 

CIHCUMSTAN(:i':s,  fcIIow.citlf.rnH,  which  seriously  threat- 
t'liccl  the  peace  of  onr  country,  huve  made  it  u  duty  to  convene 
you  ul  un  curlier  period  thun  uhuuI.     The  love  of  peace  so  nuich 
ilicrishtd  in  the  bosoni  of  our  citizens,  whicli  hus  so  long  guid- 
ed tlie  proceedingH  oi  their  public    councils,  and  induce<l  for* 
hcarance  under  so  many  wrouijs,  may  not  ensure  our  continu- 
ance in  the  (piiet  pursuits  of  industry.     The  muny  injuries  and 
(Icpredutions  committed  on  our  conimerce  and  navigation  upon 
the  high  seas,  for  years  past,  the  successive  innovations  on  those 
principles  of  public  lav,  ':luch  hare   been   established  by   the 
reason  and  usage  of  nations,  as  the  rule  of  their  intercourse,  and 
the  umpire  and  security  of  their  rights  and  peace,  and  all  the 
circumstances  which  inditccd  the  extraordinary  mission  tQ,Lon« 
don,  are  already  known  to  you.     The  instructions  given  to  our 
ministers  were  framed  in  the  sincercst  spirit  of  amity  and  mode- 
ration.     They  accordingly  proceeded,  in  conformity  therewith, 
to  proiTose  arrangements  which  might  embrace  and  settle  all  the 
points  in  diHerencc  between   us,  which   might  bring  us  to  a 
mutual    understanding  on  our  neutral  and  national  rights,  and 
provide  for  a  commercial  intercourse  on   conditions  of  some 
equality.     After  long  and  fruitless  endeavours  to  efl'ect  the  pur- 
poses  of  their  mission,  and  to  obtain  arrangements  within  the 
limits  of  their  instructions,   they  concluded  to   sign   such   as 
could  be  obtained,  and  to  send  them  for  consideration,  candidly 
declaring  to  the  other  negotiators,  that  tJiey  were  acting  against 
their  instructions,  and  that  their  government,  therefore,  could 
not  be  pledged   for  ratification.     Some  of  the  articles  proposed, 
might   have   been  admitted  on  a  principle  of  compromise,  but 
others  were  too  highly  disadvantageous,  and  no  sufHcient  pro- 
V  isiun  was  made  agaiubt  the  [irincipal  source  of  the  irritationt^ 


^ 


i  I 


i 


4 


,ly  Ihrcftt- 
)  convene 
:  so  niitcli 
ong  ^ui(l• 
luccd  for* 
r  continu- 
urics  Ktul 
alon  upon 
s  on  those 
d  by   the 
turse,  and 
nd  ull  the 
»n  tQ.Lon- 
ven  to  our 
ind  modc- 
Lhcrewithy 
ttlc  all  the 
us  to  a 
ghts,  and 
of  some 
the  pur- 
kvitiiin  the 
such   as 
candidly 
1^  against 
)re,  could 
proposed, 
mise,  but 
:ient  pro- 
irritutionfr 


35 

4nd  colli»ion^  which  were  romtuntly  cndfinp;cring  the  pcaec  of* 
the  two  naiiont.  The  (niotion,  therefore,  whether  a  treaty 
nhotild  Ik:  accepted  in  that  form,  cn\\U\  have  admitted  hut  of  oHi. 
«leci»u>n,  even  had  no  declaration  of  the  other  party  impaired 
our  confidence  in  it.  Still  anxionn  not  to  clone  the  door  againHt 
friendly  adjustn^ent,  new  modiri';alionH  were  framed,  and  further 
roncesnions  antiiorined,  tlun  could  before  have  Inien  nupponed 
iiecensary,  nndour  mitiinter!*  were  innlrucled  to  rciunic  their  ne. 
gotiatirins  on  these  gitninds. 

On  tlvisnew  reference  to  amicable  dinctisMon,  we  were  repo«p 
ifig  in  confidence,  when  on  the  22d  day  of  June  last,  by  a  for. 
mal  order  from  a  Hritish  admiral,  the  frigate  C'henapcake,  leav- 
ing her  port  for  a  distant  service,  was  attacked  by  one  of  those 
vessels  which  had  been  lying  in  our  harlMUirs  under  the  indul- 
jjences  of  hospitality,  was  disaliled  froni  proceeding,  had  several 
of  her  crew  killed,  and  foin*  taken  away.  On  this  outrage  no 
commentaries  are  necessary.  Its  character  has  been  pronoun- 
ced by  the  indignant  voice  of  our  citizens  with  an  emphasis  and 
unanimity  never  exceeded.  I  immefliately  by  proclamation,  in- 
tenlicted  our  harbours  and  waters  to  all  Hriiish  armed  vessels,  for- 
bade intercourse  with  them,  and  uncertain  how  far  hosiiliiies 
'Were  intended,  and  the  town  of  Norfolk  indeed  being  threatened 
with  immediate  attack^  a  sufficient  force  was  ordered  for  the 
protection  of  that  place,  and  such  other  preparations  commenced 
and  pursued  as  the  prospect  rendered  proper.  An  armed  ves- 
sel of  the  United  States  was  dispatched  with  instructions  to  our 
ministers  at  London,  to  call  on  that  government  for  the  satisfac- 
tion and  security  required  by  the  outrage.  A  very  short  inter- 
val ought  now  to  bring  the  answer,  which  shall  be  commumca« 
ted  to  vou  as  soon  as  received :  then  also,  or  as  soon  after  as  the 
public  interests  ^hall  be  found  to  admit,  the  unratified  treaty 
and  proceedings  relative  to  it,  shall  be  made  known  to  you. 

The  aggression  thus  begun,  has  been  continued  on  the  part  of 
the  British  commanders,  by  remaining  within  our  waters,  in  de- 
fiance of  the  authority  of  the  countryj  by  habitual  violations  of 


1^' 


3'  * 


36 

Il%  jiiiiH«li(  tioii,  nnd  iit  length  by  luniinfif  In  <leuth  onr  of  the 
pcr«(»ii«  wlioMi  iliijf  hiid  fornMy  Uiktii  iVotmm  IhmhI  i\h  Chr^a- 
penkf.  'I'hcHf  a<';',»ruvftlioiiH  ncciiHurily  Itiul  tothr  p<»lU  y  cither 
of  iH'Vcr  ntlinitunn;  uii  uriiutl  vc»»t'l  into  our  hurlxttiriK  or  of 
muiiituiiiiiiK  in  every  huiliuui  hik  ii  ith  ut  nud  force  uh  niuy  coiw 
•irttin  olM'divticf  to  the  Imwh,  uiid  protect  the  liviH  iitid  ptd|Mrty 
of  our  (iit/.ii)H  u(!;;(inst  thtir  uniu-d  ^uchIh  ;  but  the  expt  line  uf 
iiucb  a  •ttuiittiti^  forte,  uiul  it«  itianitiHtiiice  \vitii  our  |M-in(iplr«, 
dinpctinc  with  thuHC  couiieiiet  which  \«ouhl  niTe«tHuiily  rull  for 
it,  uiid  k'uve  un  erpiully  free  tu  ex(  hide  the  nuvy,  un  wc  ure  the 
»nny  of  u  furi'i*>;n  |M)wer,  from  i-titcriuK  our  liinitt. 

To  fornu-r  viohaionii  of  niuritinic  ri^htH,  iinotiier  \*  nowudded 
of  very  extensive  cflt-ct.  'I'he  n^^cinment  of  thut  fiution  bus 
i^Miei!  an  order  intenlictinv;  ull  trade  by  nnitruK  t)etwccn  |X)rtn 
not  in  amity  with  thini,  and  being  now  ut  war  with  ncurly  every 
nation  on  t!ie  Atlantic  and  Mcdiicrruneun  Hiav  our  veKM'U  are 
re(|uircd  to  sacrifu-e  their  curgocH  at  the  firiit  port  they  touch,  or 
U)  return  home  without  the  bcnelit  of  (;oing  to  any  other  inifik^'t* 
Under  this  new  law  of  the  ocean,  our  trade  on  the  Mediterra* 
neun  has  been  Hwcpt  by  Hcizuies  and  condcnuiutions,  and  that  in 
other  seas  is  threatened  with  lite  same  fate. 

Om-  (htVerences  with  Spain  reniuiu  still  unsettled,  no  mcastirc 
having  been  taken  on  her  part,  since  my  lust  comnjunicutions  to 
r,on^;res8,  to  bring  them  to  a  close.  But  under  a  state  of  things 
whicli  may  favour  reconsideration,  they  have  been  recently  press- 
ed, und  an  expectation  is  entertained  they  muy  now  soon  be 
brought  to  un  i^sue  of  some  sort.  With  their  subjects  on  our 
bordeis,  no  mw  collisions  have  taken  place,  nor  *ecni  imme- 
diately lobe  upj>rehended.  To  our  former  grounds  of  complaint 
bus  been  added  a  very  seiious  one,  us  you  will  sec  by  the  decree, 
a  copy  of  which  is  now  communicated.  Whether  this  decree, 
which  professes  to  be  conformable  to  that  of  the  French  govern- 
ment of  November  21,  1806,  heretofore  communicated  to  Con- 
gress, will  also  be  conformed  to  tliat  in  its  construction  and  ap- 
plication in  relation  to  the  United  States,  had  not  bctii  asceitained 


I) 
I   I' 


f 


i«  of  th« 

ty  cither 
rm  or  oi' 
ntuy  rut)* 
pniptrty 
xpt'iiHc  of 
nituiplr*, 
y  cull  for 
Kc  urc  the 

low  ucldcil 
lutiuii  hixn 
vvn  poitft 
uriy  every 
,ett»c'U  arc 
touch,  or 
:r  miM'kvt. 
^Icd  iter  ra- 
nd that  in 

I  measure 
ic at  ions  to 
of  things 
Illy  press- 
V  soon  be 
ts  on  our 

II  inime- 
complaint 
le  decree, 
lis  decree, 
h  govern- 
l  to  Con- 
n  and  ap« 
Isceitained 


S7 

Ml  the  date  ui  our  U%\  conimunli  .iiinn*.     Thctc,  however,  ipivc 
icNHoiilo  expert  hmcIi  a  c  onloimity. 

\\  ith  the  other  nations ol'  I  uroiM*  our  huiinori>  hun  Intn  itnin* 
IcMuptctI,  and  eotuntcrcc  and  iViciuily  lnt«rcuurt«  hay«  lM«n 
liiuintaincd  on  their  usuul  iooiinj;. 

iXir  peace  with  the  tcverul  ntuti-n  on  the  rount  of  Haihuiy  :ip« 
pearN  as  tiitn  as  at  any  loiiuet-  pciioil,  and  u»  likely  to  continue 
M  that  of  any  otiier  nation. 

Antony  oui  Indian  nei^hlMHUH,  in  the  north-wentcrn  (|uat ter, 
some  li-nnentation  was  ohservcd  mkxi  alter  the  late  Oicunenccs 
threatening  the  ifintiiiu.tiue  of  our  peun-.  MeHsa^en  were  said 
to  he  interchanged,  and  tokens  to  t>e  pasting,  which  ustially  ile< 
note  tt  state  ol  lestlessntHs  among  them,  and  the  character  of 
Ihe  a;;itators  pointed  to  tite  sources  of  excitement.  MeuHurei 
MTire  immediately  taken  lor  provuhng  against  that  danger  ;  in< 
structions  Were  given  to  re(|uire  explanations,  and,  with  asbur* 
ances  of  our  contimied  rriendHhip,  to  admouinh  the  tribes  to  re* 
main  (piiet  at  home,  taking  no  part  in  (piurrels  not  liclonging  to 
them.  As  far  as  we  aro  yet  intortiud,  tlie  tribes  in  our  vi(  inity, 
who  arc  most  advanced  in  the  pursuits  of  industry,  arc  sincerely 
disposed  to  adiierc  to  their  friendship  with  us,  and  to  their  peace 
with  i<ll  othcts.  While  those  more  remote,  do  not  present  ap- 
pearances sufTiciently  quid  to  justify  the  uitcrmissiou  of  niilita- 
ry  precaution  on  our  purt» 

The  great  tribes  on  our  south-western  quarter,  much  advanced 
beyond  tiie  otliers  in  agriculture  and  household  arts,  ajipear 
trancpiil  and  ideiuify  their  views  with  ours  in  pro[)ortion  to  their 
advanccmt  nts.  With  the  whole  of  these  people  in  every  (piar- 
ter,  I  shall  continue  to  inculcate  peace  and  friendsiiip  with  all 
their  neighbours,  and  perseverance  in  those  occupations  and 
pursuits  which  will  best  promote  their  own  well  licing. 

The  appmpnations  of  tlie  last  session,  for  the  defence  of  our 
sea-port  towns  and  harbours,  were  made  under  expectations,  that 
a  coiitinuatice  of  our  peace  would  permit  us  to  proceed  in  that 
■work  according  to  our  convenience.  It  has  been  thought  better 
to  apply  the  sums  tlien  given  towaids  the  defence  of  Ncw-yorkj 
Charleston  and   New-Urieans  chicily,  as  most  open  and  most 


38 


i 


% 


■rf  ti 


|!  ( * 


1 

;  I 

!           ■ 

1 

,           '          1 

# 

1           1          , 
,1 

4iL 

[. 

£kely  first  to  nccc)  protcctioti,  ami  to  leave  places  less  imms^ 
(iiatcly  in  (luiij;cr  to  the  provisions  of  the  present  session. 

The  };un-lH)ats  too  already  provided,  have,  on  a  like  principle, 
been  chiefly  assigned  to  New-York,  New-Orleans  and  the  Che- 
Bapcp.ke.  VVliethcr  our  mov-Jjle  force  on  the  water,  so  material 
in  aid  of  the  defensive  works  on  the  land,  should  !)e  aug^mented  in 
this  or  any  other  form,  is  left  to  the  wisdom  of  the  lep;ihlature. 
For  the  purpose  of  manninf^  these  vrosels,  in  sudden  attacks  on 
our  ijarbours,  it  is  a  mutter  for  consideration  whether  the  seamen 
of  the  United  States  may  not  justly  be  formed  into  a  special  mi- 
litiai  to  be  culled  on  for  tours  of  duty,  in  defence  of  the  ha)ix>iirs 
where  they  happen  t'^  he,  the  ordinary  militia  of  the  place  fur- 
nishing that  portioi  which  may  consist  of  landsmen. 

The  moment  our  peace  was  threatened,  I  deemed  it  indispen- 
Aable  to  secure  a  greater  provision  of  those  articles  of  military 
stores,  with  which  our  magazines  were  not  sufficiently  furnish- 
ed ;  to  hnve  awaited  a  previous  and  special  sanction  by  law, 
would  have  lost  occasions  which  might  not  be  retrieved.  I  did  not 
hesitate,  therefore,  to  authorise  engagements  ibr  such  svpple- 
ments  lo  our  existing  stock,  as  would  render  it  adequate  to  the 
emergeacies  threatening  us ;  and  i  trust  that  the  legislature, 
feeling  the  same  anxiety  for  the  safety  of  our  country,  so  mate- 
rially advanced  by  this  precaution,  will  approve'when  c'onv,  what 
they  would  have  seen  so  important  to  be  done,  if-then  assembled. 
Expenses,  also  unprovided  for,  arose  out  of  the  necessity  of  call- 
ing all  our  gun-boats  into  actual  service,  for  the  defence  of  our 
harbours,  of  all  which  accounts  will  iie  laid  before  you.  ■• 

Whether  a  regular  army  is  to  be  raised,  and  to  v  h?t  extent, 
must  det)end  on  the  information  so  shortly  expected,  ^n  the 
mean  time,  I  have  called  on  the  statf:s  for  quotas  of  militia  to  be 
in  readiness  for  present  defence  ;  and  have,  moreover,  encour- 
aged the  acceptance  of  volunteers,  and  I  ara  happ  r  to  inform 
you,  that  these  have  offered  themselves  with  gre^t  alacrity  in 
«very  part  of  the  union  ;  they  u>e  ordered  to  be  organized,  and 
ready  j?t  a  moment's  warning,  tc  proceed  on  any  servic  t  to 
whic*.   they  may  be  called,  and  tvery  preparation  within  thi| 


i 
•1* 


M: 


59 


8S  imm»- 

principle, 
the  Cliir. 
>  material 
mentcd  in 
;gihlature. 
attacks  on 
>e  seamen 
[>ecial  tnf- 
B  harlxiurs 
place  fur- 

t  indispen- 
f  military 
y  furnish- 
n  by  law, 
.  I  did  not 
.h  sMpple- 
late  to  the 
"gislature, 
so  mate- 
:bnw,  what 
ksscm'uled. 
ity  of  call- 
ice  of  our 

at  extent, 
^n  the 
lilitia  to  be 
r,  encour- 
to  inform 
lacrity  in 
uzed,  and 
jervic  j  to 
vithin  th^ 


I 


ofxectitive  powers,  has  been  made  to  ensure  us  the  beneBt  ol 
early  exertions.  ,  ... 

I  informed  Congress  at  their  last  seasion,  of  the  enterprizet 
against  the  public  iK'ace,  which  were  believed  to  be  in  prepura- 
tion  by  Aaron  Burr,  and  his  associates,  of  the  measures  taken 
to  defeat  them,  and  to  bring  the  ullenders  to  justice.  Their  en- 
terprizes  were  happily  defeated,  by  the  patriotic  exertions  of  the 
nulitia,  whenever  culled  into  action,  by  the  fidelity  of  (he  armyi 
and  energy  of  the  commander  in  chief,  in  promptly  arranging 
the  difficulties  presenting  themselves  on  the  Sabine,  repairing  to 
meet  those  arising  on  the  Mississippi,  and  dissipating,  before 
their  explosioi>,  plots  engendered  there.  I  shall  think  it  iny  duty  to 
lay  before  you  the  proceedings  and  the  evidence  publicly  exhibit- 
ed  on  the  arraignment  of  the  princmal  offenders  before  the  dis- 
trict court  of  Virginia :  you  will  be  enabled  to  judge  whether  tho 
defect  V  as  in  the  testimony,  in  the  law,  or  h.'  the  administration 
of  the  law  ;  and  wherever  it  shall  be  found,  the  legislature  alone 
can  apply  or  originate  the  remedy.  The  franiers  of  our  con- 
stitution certainly  supjiosed  they  had  guarded,  hh  well  their  gov- 
ernment, against  destruction  by  treui^on,  as  their  citizens  against 
oppression  under  pretence  of  ii ;  and  if  these  ends  are  not  attaint 
ed,it  IS  of  importance  to  inquire  by  whut  means  more  e£fectUiUl|P 
tbf^y  may  be  secured. 

The  accounts  of  the  receipts  of  revenue  during  the  year  end- 
inp-  on  th  i  3Cth  day  of  September  last,  being  not  yet  made  up,  a 
correct  statement  will  be  hereafter  transmitted  from  the  treasury : 
in  the  mean  time  it  is  ascertained  that  the  receipts  have  amount- 
ed to  near  sixteen  millions  of  doUai  3,  which,  with  the  five  millions 
and  a  half  ii  the  treasury  it  the  beginning  of  the  year,  have  ena- 
bled us,  after  meeting  the  current  demands,  and  interest  incur- 
red, to  pay  more  than  four  millions  of  the  principal  of  our  fund- 
ed debt.  These  i;^yments,  with  those  of  the  preceding  five  and 
a  half  years,  have  extinguished  of  the  funded  debt,  twenty -fivu 
millions  and  a  half  of  dollars,  being  the  whole  which  could  be 
paid  or  purchased  within  the  limits  of  the  law,  and  of  our  con- 
tracts, and  have  kft  us  in  the  treasury  eight  millions  and  a  half 
of  dollars.    A  portion  of  this  sum  may  be  considered  as  a  c<>m- 


t'  ! 


\ 


40 


Tiencement  of  accumulation  of  the  surpUisses  of  revenue,  wMcli, 
after  paying  the  instulmciitt  of  debt  as  they  Hhall  become  payable, 
will  remain  without  any  speciBc  object.  It  may  partly,  iiidecdi 
be  applied  towards  compleatin^  the  defence  of  the  exposed  points 
of  our  country,  on  such  a  scale  as  shall  be  adapted  to  our  princi* 
pics  and  circumstances.  This  object  is,  doubtless,  among  the 
first  entitled  to  attention,  in-  such  a  sfatc  of  our  finances  :  and  it 
is  one  which,  whether  we  have  peace  or  war,  will  provide  secu- 
rity where  it  is  due.  Whether  what  shall  remain  of  this,  with  the 
future  surplusses  may  be  usefully  applied  to  purposes  already  au- 
thorised, or  more  usefully  to  others  requiring  new  authorities,  or 
how  otherwise  they  shall  be  disposed  of,  are  questions  calling 
for  the  notice  of  Congress  :  unless  indeed  they  shall  be  supersed. 
ed  by  a  change  in  mir  public  relations  noyf  awaiting  the  determina- 
^n  of  others.  Whatever  be  that  determination,  it  is  i  ereat  con- 
solation that  it  will  become  known  at  a  moment  wl  fn  t  upreme 
council  of  the  nation  is  assembled  at  its  post,  am!  uj. jy  lo  give 
the  aids  of  its  wisdom  and  authoiity  to  whatever  course  the  good 
of  our  country  shall  then  call  on  us  to  pursue.   "  •         '^^  ^' 

Matters  of  minor  importance  will  be  the  subjects  of  future 
communications  ;  and  nothing  shall  be  wanting  on  my  part,  which 
may  give  information  or  dispatch  to  the  proceedings  of  the  legis- 
lature, in  the  exercise  of  their  high  duties,  and  at  a  moment  so 
interesting  to  the  public  welfare. 
^      '  .  TH:  JEFFFRSON. 

Tuesday,  October  27th,  1807.  '       . 


f 


M 


I 


\ 


*> 


'?!*< 


f;       f  I. 


(    ' 


J>» 


,.^-' 


41 


nic,  >v1iicli, 
ic  puyublc, 
\y,  iiulecdi 
iscd  points 
[>ur  princi- 
imong  the 
es :  and  it 
)vi(lc  scen- 
ts, with  the 
iih'cady  au- 
lorities,  or 
ns  culling 
supersed. 
determina- 
GTeat  con- 
•  upreme 
uy  lo  give 
e  the  good 

of  future 

art,  which 

the  legis- 

loment  so 

ISON, 


•V  .'.tlx 


DOCUMEN'IS 

Accompanyinjj^  the  Mcssa^;e  of  the  President  of  the  United 
States,  to  tlic  two  Houses  of  Congress,  at  the  opening  of  the 
firiit  session  of  the  tenth  Congress. 

No.  I.  . 

Mie  communicated  by  Lord  Homck  to  Mr,  Munroe,  dated  January 

lOM,  1807. 

The  undersisjned,  his  majesty's  principal  secretary  of  state  for 
foreign  affairs,  has  received  his  majesty's  commands  to  acquaint 
Mr.  Monroe,  that  the  French  government  having  issued  certain 
orders,  which,  in  violation  of  the  usages  of  war,  purport  to  pro- 
hibit the  commerce  ot  all  neutral  nations  with  his  majeity's  do- 
minions, and  also  to  prevent  such  nations  from  trading  with  any 
other  country  in  anj  tides,  the  growth,  produce,  or  manufac- 
ture of  his  majesty's  dominions.  And  the  said  government 
having  also  taken  upon  itself  to  declare  his  majesty's  dominions 
to  be  in  a  state  of  blockade,  at  a  time  when  the  fleets  of  France 
and  her  allies  are  themselves  confined  within  their  own  ports,  b/ 
the  superior  valour  and  discipline  of  the  British  navy. 

Such  attempts  on  the  part  of  the  enemy,  giving  to  his  majesty 
an  unquestioikabie  right  of  retaliation,  and  warranting  his  ma- 
jesty in  enforcing  the  same  prohibition  of  all  commerce  with 
France,  which  that  power  vainly  hopes  to  effect  against  the  com- 
merce of  his  majesty's  subjects,  a  prohibition  wliich  the  supe- 
riority of  his  majesty's  naval  forces  might  enable  him  to  support, 
by  actually  investing  the  ports  and  coasts  of  the  enemy  with  nu- 
merous squadrons  and  cruisers,  so  as  to  make  the  entrance  or 
approach  thereto  manifestly  dangerous. 

His  majesty,  though  unwilling  to  follow  the  example  of  his 
enemies,  by  proceeding  to  an  extremity  so  distressing  to  all  na- 
tions not  engaged  in  the  war,  and  carrying  on  their  accustomed 
trade  ;  yet  feels  himself  bound  by  a  due  regard  to  the  just  de- 
fence xii  the  rights  and  interest  of  his  peopjj^  not  to  suffer  such 

measures  to  be  taken  by  the  enemy,  without  taking  some  steps 

F 


49 


'"J 


I 


ir 


; . 


on  his  part,  to  restrain  tliis  viulcnce,  and  to  retort  upon  them 
the  evils  of  their  own  injustice.  Mr.  Munroc  is  therefore  re- 
qucs.'ed  tu  apprize  the  American  consuls  and  merchants  residing 
in  ED^land,  that  his  majesty  hus  therefore  judged  it  expedient  to 
order,  that  no  vessels  shall  be  permitted  tu  trade  from  one  |}ort 
to  another,  botii  which  ports  shull  belong  to,  or  be  in  possession 
of  France  or  her  allies,  or  shall  be  so  far  unde"  their  controul,  as 
British  vessels  may  not  freely  trade  tiiereat  ;  and  that  the  com- 
manders of  his  majesty's  ships  of  war  and  privateers  have  been 
instructed  to  warn  every  neutral  vessel  coming  from  any  such 
port,  and  destined  to  another  such  port,  to  discontinue  her 
voyage,  and  not  to  proceed  to  any  such  port ;  and  every  vessel 
after  being  so  warned,  or  any  vessel  coming  from  any  such  port* 
n^ '"  a  reasonable  time  shall  have  been  afforded  for  receiving  in- 
lation  of  this  his  majesty's  order,  which  shall  be  found 
proceeding  to  another  such  port,  shall  be  captured  and  brought 
in,  and,  together  with  her  cargo,  shall  be  condemned  as  lawful 
prize  :  and  that  from  this  time,  all  the  measures  authorised  by 
the  law  of  nations,  and  the  respective  treaties  between  hi«  ma- 
jesty and  the  different  neutral  powers,  will  be  adopted  and  exe- 
cuted with  respect  to  vessels  attempting  to  violate  the  said  order 
aiter  this  notice.  .:.-... 


HOWICK. 


Downing-Street,  January  10,  1807. 


No.  II. 
SPANISH  DECREE. 

TRANSLATION. 

'  By  the  greatest  outrage  against  humanity)  and  against  policy, 
Spain  was  fotx:ed  by  Great  Britain  to  take  part  in  the  present 
"War.  This  power  has  exercised  over  the  sea  and  over  the  com- 
merce of  the  world,  an  exclusive  dominion.  Her  numerous 
factories,  disseminated  through  all  countries,  are  like  sponges 
which  imbibe  the  riches  of  those  countries,  without  leaving 
them  more  than  appearances  of  mercantile  liberty.  From  this 
maritime  and  comnifrcial  despotism,  Elngland  derives  great  re- 
sources for  carryii^  on  a  war,  whose  object  is  to  destroy  the 


.,,.,4*' 


pon  them 
irefore  re- 
H  rcbiUing 
pedicnt  to 
n  one  ijort 
posscHsiun 
)ntrouit  aft 
t  the  corn- 
have  been 
n  any  such 
itinue   her 
very  vessel 
such  port, 
cciving  in- 
be   found 
,nd  brought 
id  as  lawful 
thorised  by 
;en  hi*  ma- 
ed  and  exe- 
said  order 

3W1CK. 


ainst  policyj 
the  present 
/er  the  com- 
numerouB 
ike  sponges 
out  leaving 
From  this 
cs  great  re- 
destroy  the 


43 

commerce  which  bclonf^s  to  each  state  from  its  industry  and 
sitiiulioii.  Kxptricncc  has  proven,  that  the  niorulily  ul  the  Uri^ 
tisii  cuhiiicl  has  no  hesitation  as  to  the  meanSf  so  lon^  as  they 
lead  'J  the  ucconipliHlunt'iu  ol'  its  designs  ;  and  whilst  this  |K>wer 
can  continue  to  enjoy  the  IVuiis  of  its  immense  traffic,  humanity 
will  ^roan  under  the  wti^jlil  of  a  dtsolatinf^  war.  To  put  an  tnd 
to  this,  und  to  attain  a  solid  peace,  the  emperor  of  the  French 
and  kiiin;  of  Italy  issued  a  decree  on  the  21st  of  November  last, 
in  which,  adopting  thepKnx.ipleof  reprisals,  the  blockade  of  the  , 
Dritish  isles  is  determined  on  ;  and  Ms  ambassador,  his  excel- 
It'  cy  Francis  de  Ikuuharnois,  grand  dignitary  of  the  order  of 
the  iron  crown,  of  the  legion  of  honour,  &c.  &c.  having  rom- 
municated  this  decree  to  the  king  our  master,  and  his  majesty 
being  desirous  to  co-operate  by  means  sanctioned  by  the  rights 
of  reciprocity,  has  been  pleased  to  authoiise  his  most  serene 
highness  the  prince  generalissimo  of  the  marine,  to  issue  a  cir- 
cular of  the  following  tenor. 

As  soon  as  England  committed  the  horrible  outrage  of  inter- 
cepting the  vessels  of  the  royal  maiine,  insi<liously  violating  the 
good  tuith  with  which  peace  assures  individual  property  and  the 
rights  of  nations  ;  his  majesty  considered  himself  in  a  slate  of 
war  with  that  power,  although  his  royal  soul  suspended  the  pro- 
mulgation of  the  manifesto  until  he  saw  the  atrocity  committed 
by  its  seamen,  sanctioned  by  tKe  government  of  London.  From 
that  time,  and  without  the  necessity  of  warning  the  inhabitants 
of  these  kingdoms  of  the  circumspection  with  which  they  ought 
to  conduct  themselves  towards  those  of  a  country  which  disre- 
gards the  sacred  laws  of  property  and  the  rights  of  nations  ;  his 
majesty  made  known  to  his  subjects  the  state  of  war  in  which 
he  found  himself  with  that  nation.  All  trade,  all  commerce  is 
prohibited  >  such  a  situation  ;  and  no  sentiments  ought  to  be 
entertained  totvards  such  an  enemy  which  are  not  dictated  bjr 
honour,  avoiding  all  intercourse  which  might  be  considered  as 
the  vile  effect  of  avarice,  operating  on  the  subjects  of  a  nation 
"which  degrades  itself  by  them. 
.  '  His  ma;esty  is  well  persuaded  that  sxxeh  sentiments  of  honour 
are  rooted  in  the  heai'ts  of  his  beloved  sv||ects  ;  but  he  does  not 


itt;- 


44 


'\ 


'  I 


oluxMu^  on  that  account,  to  ulluw  ihc  »n)iillciit  iitiUil^^ence  to  tlie  * 
Yio(4tor9  of  the  Uw,  nor  permit  thuti  through  igiioruncc,  thty 
ftlMHild  he  taken  by  lurprizr  — authori»ii)g  tn«  by  these  presents 
to  (lecture  that  all  English  property  will  be  confiscated  whenever 
it  t»  found  on  biMird  a  vessel,  altliough  a  neutral,  if  the  consign- 
ment  belongs  to  Spuuish  individuMls.  So  likewise  will  be  confis* 
cuted  all  inerchandlxe  which  may  be  met  with,  altliough  it  ma^ 
be  in  neutral  vessels,  whenever  it  is  destined  for  the  poils  of 
l^ngUnd  or  her  isles. 

^^  finally  his  majesty,  conforming  himself  to  the  ideas  of 
his  aUjr,  the  emperor  of  the  French,  declares  in  his  states  the 
same   law,  which,  from   principles  of  reciptx)city  and  suitable  - 
respect,  his  imperial  mujesty  promulgated  under  date  ol'the  21st 
Jttovember,  1806. 

The  execution  of  this  deterroinalion  of  his  majesty  belongs  to 
the  claefis  of  provinces,  of  departments,  and  of  vessels,  (baxeles) 
and  commuoicating  it  to  them  in  the  name  of  his  mojesty)  I  hope 
they  will  lesve  no  room  for  tbe  royal  displeasure. 

God  preiervs  you  many  yeartf  ,^^ 

(Signed). 

TUS  PeINCS  GltNSEALIISUiO  Of  THS  MaRIMX,. 

Aranjiic%  19tti  FebruMyi  1807. 

4... 


)  1- 


'■f^: 


w.    'X' 


.-f 


■>■, 


■■•  >*- 


nee  to  tli« 
incc,  they 
prescnta 
whenever 
:  consigD- 
L>c  confis- 
;h  it  may 
:  portH  of 

e  ideas  of 
tHtes  the 
suitable 
the  21st 

elongs  to 
(baxeles) 
y»  I  hope 


RIMX,. 


<:. 


kf 


•rt 


K  r 


